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Courts distinguish between mere gifts between parties and legally binding commitments by the element of consideration.

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Regarding consideration,an act occurs when a person


A) complies with the law.
B) fulfills an obligation under an existing contract.
C) does something not legally required.
D) All of these are correct.

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A debt that is disputed because the parties disagree over its existence or amount is an unliquidated debt.

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A completed act can be the basis for consideration.

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Bernie owes an undisputed amount to Wilde's Heating & Air Conditioning.Which of the following is true?


A) If Wilde's agrees to accept less than the full amount as full payment,the agreement is not binding.
B) The undisputed amount is also known as an unliquidated amount.
C) If the parties agree to settle for less than the full amount,their agreement is governed by the ruling in Henches v.Taylor.
D) If Wilde's agrees to accept less than the full amount,the agreement is only binding if it is in writing and signed by Bernie.

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An unliquidated debt can be described as


A) a debt in which both its existence and amount is in dispute.
B) a debt in which the existence or amount is in dispute.
C) a debt disputed by the creditor but not the debtor.
D) a debt undisputed by either party.

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Zero,Inc.agreed to build Millie a storage building for $8,000.After beginning the project,Zero realized that it could not complete the job and make a profit.Zero demanded $9,500 to complete the building.Millie agreed to pay the $9,500.When the project was complete,Millie tendered $8,000 to Zero for the job.If Zero sues Millie for the remaining $1,500,


A) Zero will win because there was consideration for the additional $1,500.
B) Zero will win because Millie had a preexisting duty to pay any additional amounts.
C) Zero will lose because there was no legal consideration to support the additional $1,500.
D) Zero will lose because the UCC does not require consideration to modify an existing contract.

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Bailey Co.and Spryt Bros.enter into a contract for the manufacture and sale of 400 lawn chairs.If both parties agree that a modification is necessary,


A) the surest way to modify the contract is to liquidate it.
B) they may not do so without court supervision.
C) an agreement to rescind the contract will terminate the contractual rights of Bailey Co.and Spryt Bros.if neither of them had completed their obligations.
D) courts will generally not enforce a cancellation and modification of a contract unless one party received inadequate consideration under the original contract.

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In January,Alex promised to pay Y-K Inc.$5,000 if it would refrain from filing suit against him on a breach of contract action.Y-K agreed and accepted a $5,000 check from Alex.Which of the following statements is correct?


A) Y-K's promise to refrain from suing Alex was not supported by legal consideration.
B) Y-K's promise to refrain from suing Alex was supported by legal consideration and is enforceable.
C) This is an accord and satisfaction,and Y-K cannot sue.
D) The courts would apply promissory estoppel in this situation.

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Jamie is building a house on her lot.She invites Earnie of Earnie's Excavation to bid on the excavation job.Earnie observes that the lot next to Jamie's is also under excavation and the soil in that lot is normal and not excessively rocky.Based on the assumption that the soil in Jamie's lot will be similar,he and Jamie agree that the excavation will cost $3,000.When Earnie starts digging,he learns there is solid rock under Jamie's lot.Earnie says it will cost an extra $2,500 for the excavation work.Jamie agrees just to get the job done but later refuses to pay a dime more than $3,000.If Earnie sues,the most likely result would be


A) Jamie wins,as Earnie was under a preexisting duty to dig the basement.
B) Earnie wins,as this modification is governed by the UCC and consideration is not required to enforce a modification of the agreement.
C) Jamie wins,as Earnie was not acting in good faith and just wanted to put Jamie in a situation where she didn't have a choice but to agree to more money.
D) Earnie wins,as the modification was due to unforeseen difficulties.

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Hilda owes Lex $3,000,which is an undisputed amount.If she offers him her car in full settlement of the debt and he accepts,the agreement is binding and he can no longer claim she owes him anything on the original debt.

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What is an output contract?


A) A contract in which a buyer agrees to purchase all of his or her goods from one seller.
B) A contract between a manufacturer and a distributor where the distributor only buys from the manufacturer and is contractually prevented from trading with the manufacturer's competitors
C) A contract in which the seller guarantees to sell all of its output to one buyer,and the buyer agrees to accept the entire quantity.
D) A contract in which a seller agrees to sell a product or service to the buyer only on the condition that the buyer also purchases an additional product from the seller.

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Marco agrees to sell Clowns R Us some balloons.The contract states that Clowns may buy as many balloons as it wishes.This agreement is


A) a requirements contract.
B) an output contract.
C) an illusory contract.
D) an enforceable contract.

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What phrase explains how a requirements contract can be valid?


A) "will buy 100 percent of output"
B) "willing to accept the entire quantity"
C) "no consideration needed"
D) "in good faith"

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Yolanda was shoveling snow from her sidewalk,and just to be nice,she also shoveled snow from her neighbor Melody's walk.The next day,Melody promises that she will pay Yolanda $25 for shoveling snow from her walk.Has a contract been created?


A) No,Yolanda had a preexisting duty to shovel Melody's walk.
B) No,past consideration is not valid consideration.
C) Yes,Melody made a promise and that created the contract.
D) Yes,Melody has a moral obligation to pay for the work,even if she didn't request it.

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If Crosby and Dash are in disagreement as to the exact amount of money that Crosby owes Dash,then they may choose to form a new agreement at a set amount.If they both perform the new agreement,their conduct would be an example of


A) a rescission.
B) a contract modification.
C) a preexisting duty.
D) an accord and satisfaction.

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A forbearance is,in essence,the opposite of an act.

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Police Officer Paul apprehends a wanted criminal and then demands the $10,000 reward offered by Crime Stoppers.Which of the following statements is true?


A) Police Officer Paul is not entitled to the reward because past consideration is never valid consideration.
B) Police Officer Paul is entitled to the reward because he puts his life on the line every day.
C) Police Officer Paul is not entitled to the reward because he was under a preexisting duty to make the arrest.
D) Police Officer Paul is not entitled to the reward but may have an argument under promissory estoppel.

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What two exceptions did the UCC create for accord and satisfaction check cases?

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The first Code exception involves "organ...

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Juan agrees to paint Michelle's house for $1,000.Halfway through the job,Juan tells Michelle that he will need an extra $250 to finish the job.Which of the following is a correct evaluation of the situation?


A) Michelle will have to pay because she and Juan did not have a bargained-for exchange.
B) Michelle will have to pay the extra $250 because Juan has promised not to finish the job unless she does.
C) Michelle will not have to pay the extra $250 because Juan made an illusory promise about only charging $1,000.
D) Michelle will not have to pay the extra $250 because Juan has a preexisting duty to paint the house for $1,000.

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